252754_Permit_Information.pdf

SECTION 11

PERMIT

INFORMATION

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

An Equal

Opportunity

Employer

Sarasota County

Attn: Brad Gaubatz

March 17, 2025

Sarasota Service Office

78 Sarasota Center Boulevard Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

1001 Sarasota Center Blvd Sarasota, FL 34240

Subject: Notice of Intended Agency Action - Approval

ERP Individual Construction Major Modification

Project Name: Benderson Lake South Shoreline Stabilization

App ID/Permit No:

County: Sarasota

866330 / 43013039.106

S13/T36S/R18ESec/Twp/Rge:

Dear Permittee(s):

The Southwest Florida Water Management District (District) has completed its review of the application for

Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application.

The File of Record associated with this application can be viewed at http://www18.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service

Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637.

cc: Douglas Mann, P.E., Aptim Environmental & Infrastructure, LLC

David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, 2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

An Equal

Opportunity

Employer

Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Service Office

78 Sarasota Center Boulevard Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

March 17, 2025

Sarasota County

Attn: Brad Gaubatz 1001 Sarasota Center Blvd Sarasota, FL 34240

Subject: Notice of Agency Action - Approval

ERP Individual Construction Major Modification

Project Name: Benderson Lake South Shoreline Stabilization

App ID/Permit No:

County:

866330 / 43013039.106

Sarasota

Sec/Twp/Rge: S13/T36S/R18E

Dear Permittee(s):

The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved.

Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter.

If approved construction plans are part of the permit, construction must be in accordance with these plans.

These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record.

Page 2 App ID/Permit No:866330 / 43013039.106 March 17, 2025

If you have any questions or concerns regarding your permit or any other information, please contact the

Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Approved Permit w/Conditions AttachedEnclosures:

As-Built Certification and Request for Conversion to Operation Phase

Notice of Authorization to Commence Construction

Notice of Rights cc: Douglas Mann, P.E., Aptim Environmental & Infrastructure, LLC https://www.swfwmd.state.fl.us/sites/default/files/medias/documents/62-330_310_1_-_As-Built_Certification%5B1%5D_0.pdf

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

ENVIRONMENTAL RESOURCE

PERMIT NO. 43013039.106

EXPIRATION DATE: March 17, 2030 PERMIT ISSUE DATE: March 17, 2025

This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in

Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and

Administrative Code and the conditions of this permit.

INDIVIDUAL CONSTRUCTION MAJOR MODIFICATION

PROJECT NAME: Benderson Lake South Shoreline Stabilization

Sarasota CountyGRANTED TO:

Attn: Brad Gaubatz

1001 Sarasota Center Blvd Sarasota, FL 34240

N/AOTHER PERMITTEES:

ABSTRACT: This permit authorization is for the modification of a constructed stormwater management system approved under Environmental Resource Permit (ERP) No. 43013039.054, serving a 500-acre park and recreation area. The proposed activities include:

1. The restoration and creation of 2,980 feet of shoreline rock revetment and 1,550 feet of wetland planters along the southern side of the man-made lake within the park.

2. Replacement of an existing boat ramp.

This Permit Modification No. 43013039.106, amends the previously issued Permit No. 43013039.054, and adds conditions. All other original permit conditions remain in effect. The project is located on the west side of I-75, approximately 0.5 mile south of University Parkway, in Sarasota County.

Sarasota CountyOP. & MAIN. ENTITY:

OTHER OP. & MAIN. ENTITY: N/A

COUNTY: Sarasota

S13/T36S/R18ESEC/TWP/RGE:

TOTAL ACRES OWNED

OR UNDER CONTROL:

PROJECT SIZE:

LAND USE:

DATE APPLICATION FILED:

AMENDED DATE:

Government

September 23, 2024

0.40 Acres

600.40

N/A

I. Water Quantity/Quality

Water Quantity/Quality Comment: The project does not propose any additional impervious area or reduction in the volume of the existing stormwater management system. No changes to the previously approved water quality treatment or quantity attenuation design are required. The plans reflect the North American Vertical

Datum of 1988 (NAVD 88).

A mixing zone is not required.

A variance is not required.

Encroachment

(Acre-Feet of fill)

Compensation

(Acre-Feet of excavation)

Compensation

Type Encroachment

Result* (feet)

No Encroachment 0.00 0.00 N/A

Floodplain Comment: The project proposes no fill placement within a known 100-year riverine floodplain or depression storage areas associated with 100-year riverine floodplain.

*Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation.

II. 100-Year Floodplain

III. Environmental Considerations

Wetland/Other Surface Water Information

Wetland/Other

Surface

Water Name

Total

Acres

Not

Impacted

Acres Acres

Functional

Loss*

Functional

Loss* Acres

Permanent Impacts Temporary Impacts

S-7 0.13 0.00 0.00 0.13 0.00 0.00

S-4 0.51 0.00 0.00 0.51 0.00 0.00

S-EA 0.23 0.00 0.00 0.23 0.00 0.00

S-EB 0.38 0.00 0.00 0.38 0.00 0.00

1.25 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Total: 1.25 0.00 0.00 0.00

Wetland/Other Surface Water Comments:

Wetlands are not located within the project area for this ERP modification; however, there are 1.25 acres of other surface water features, consisting of 1.25 acres of a man-made lake (FLUCCS 523), located within the project area for this ERP modification. Permanent dredging and filling impacts to 1.25 acres of the project surface waters will occur for the construction of the project.

Mitigation Information Mitigation Comments:

Wetland mitigation will not be required for permanent filling/dredging impacts to 1.25 acres of the lake pursuant to

Subsection 10.2.2 of the ERP Applicant’s Handbook Vol. I. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species.

Specific Conditions

1. If the ownership of the project area covered by the subject permit is divided, with someone other than the

Permittee becoming the owner of part of the project area, this permit may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2. The Permittee shall retain the design professional registered or licensed in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the design professional so employed. This information shall be submitted prior to construction.

3. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

a. limits of approved surface water impacts

The delineation shall endure throughout the construction period and be readily discernible to construction and

District personnel.

4. This Permit Modification No. 43013039.106, amends the previously issued Permit No. 43013039.054, and adds conditions. All other original permit conditions remain in effect.

5. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease.

6. The Permittee shall notify the District of any sinkhole development in the stormwater management system within

48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

7. The Permitted Plan Set for this project includes the set received by the District on December 12, 2024.

8. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

9. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District.

10. The permittee shall complete construction of all aspects of the stormwater management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

11. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

12. All stormwater management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

13. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

14. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

15. Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management

Program, as required by Section 307 of the Coastal Zone Management Act.

16. This permit does not authorize the Permittee to cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida

Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A” are hereby incorporated into this permit by reference and the Permittee shall comply with them.

David Kramer, P.E.

Authorized Signature mailto:FWCConservationPlanningServices@MyFWC.com mailto:FWCConservationPlanningServices@MyFWC.com mailto:FWCConservationPlanningServices@MyFWC.com mailto:FWCConservationPlanningServices@MyFWC.com mailto:FWCConservationPlanningServices@MyFWC.com

EXHIBIT A

GENERAL CONDITIONS:

1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project-specific conditions.

a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action.

b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

c. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida

Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and

Florida Department of Transportation, July 2013), and the Florida Stormwater Erosion and Sedimentation Control

Inspector’s Manual (Florida Department of Environmental Protection, Division of Environmental Assessment and

Restoration, Tallahassee, Florida, October 2018), which are both incorporated by reference in subparagraph

62-330.350(1)(c), F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

d. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,”[effective date], incorporated by reference herein (<http://www.flrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5),F.A.C. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use

Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-

621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

e. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under

Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

f. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex -

"Construction Completion and Inspection Certification for Activities Associated with a Private

Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

2. For all other activities - As-Built drawings with “As-Built Certification and Request for Conversion to

Operation Phase” [Form 62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form .

g. If the final operation and maintenance entity is a third party:

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the

Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

2. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity”

[Form 62-330.310 (2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

i. This permit does not:

1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

j. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

l. The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate; and

2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

m. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

n. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and

Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office.

Such subsurface work shall not resume without verbal or written authorization from the Division of Historical

Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012).

o. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

q. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project-specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

SOUTHWEST FLORIDA

NOTICE OF

WATER MANAGEMENT DISTRICT

AUTHORIZATION

TO COMMENCE CONSTRUCTION

Benderson Lake South Shoreline Stabilization

PROJECT NAME

PROJECT TYPE

COUNTY

Sarasota

Government

S13/T36S/R18E

THIS NOTICE SHOULD BE CONSPICUOUSLY

DISPLAYED AT THE SITE OF THE WORK

Issuing Authority

March 17, 2025DATE ISSUED:

866330 / 43013039.106APPLICATION ID/PERMIT NO:

PERMITTEE

SEC(S)/TWP(S)/RGE(S)

Sarasota County

David Kramer, P.E.

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9788. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.

April 30, 2025

Regulatory Division West Permits Branch Tampa Section

SAJ-2012-00024 (NW-KAC)

Ms. Nicole Rissler Sarasota County 1160 Ringling Blvd.

Sarasota, FL 34236 Sent via email: kbereiter@scgov.net

Dear Ms. Rissler:

The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit received on September 25, 2024. Your application was assigned file number SAJ-2012-00024. A review of the information and drawings provided indicates that the proposed work would result in the construction and enhancement of a rip rap revetment, construction of an associated breakwater, and the reconstruction of an existing boat ramp within the southern portion of Benderson Lake.

Specifically, the work includes the discharge of 4,523 cubic yards of rip rap into 1.123 acres and 3,460 linear feet of unvegetated shoreline for the construction of a rip rap revetment. Construction of the revetment would also include the excavation of 2,190 cubic yards of material from 1.123 acres of open waters and unvegetated shoreline, and the material would be utilized for berm stabilization in the adjacent uplands. An additional discharge of 863 cubic yards of rip rap into 0.380-acre of open waters will also occur for the construction of a 1,550 linear foot breakwater, located waterward of the revetment. Additionally, work includes the discharge of 80 cubic yards of fill material into 0.024-acre of open waters for the reconstruction of a boat ramp. There would be 0.053-acre of temporary impacts for the construction of a cofferdam that would be removed following construction of the boat ramp. In total, the work would involve 1.527 acres of fill impact, 0.053-acre of temporary fill, and 1.123 acres of excavation below the ordinary high water mark of open waters and unvegetated shoreline of Benderson Lake.

The activities subject to this permit are authorized pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The project is located in Benderson Lake at 5851 Nathan Benderson Circle, in Section 13, Township 38 South, Range 18 East, Sarasota, Sarasota County, Florida.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

701 SAN MARCO BOULEVARD

JACKSONVILLE, FLORIDA 32207-8175

mailto:kbereiter@scgov.net

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Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) 3 (Maintenance) and NWP 13 (Shoreline Stabilization). This verification is valid until March 14, 2026. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions, the Jacksonville District Regional Conditions, and the General and Project- Specific Special Conditions listed below. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. You can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book webpage for links to view NWP information at:

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there, you will need to select “Nationwide Permits.” Among other things, this part of the Source Book contains links to the federal register containing the text of the pertinent NWP authorization and the associated NWP general conditions, as well as separate links to the regional conditions applicable to the pertinent NWP verification.

You must comply with all of the special and general conditions for NWP-3 and NWP-13, including any project-specific conditions included in this letter and all conditions incorporated by reference as described above.

General Conditions:

1. The time limit for completing the work authorized ends on March 14, 2026.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places.

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

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4. If you sell the property associated with this permit you must obtain the signature of the new owner on the attached transfer form and forward a copy to this office to validate the transfer of this authorization.

5. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Project Specific Special Conditions:

The following project specific special conditions are included with this verification:

1. Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

The Permittee shall reference this permit number, SAJ-2012-00024 (NW-KAC), on all submittals.

2. Commencement Notification: The Permittee shall submit a completed “Commencement Notification” form that is attached to permit.

3. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the ENG Form 6285, “Certification of Compliance with Department of Army Permit” (located at https://www.publications.usace.army.mil/Portals/76/Eng_Form_6285_2024%20D ec%20FINAL.pdf ) and submit it to the Corps.

4. Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

5. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work https://www.publications.usace.army.mil/Portals/76/Eng_Form_6285_2024%20Dec%20FINAL.pdf https://www.publications.usace.army.mil/Portals/76/Eng_Form_6285_2024%20Dec%20FINAL.pdf

-4-has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area.

6. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

7. Fill material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act.

8. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated May 2024, as provided in an attachment of this permit. All gopher tortoise burrows, active or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC) Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee shall follow the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work

9. Cultural Resources/Historic Properties:

a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP.

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b. If, during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with native cultures or early colonial settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours). The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5).

Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps.

This letter of authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec.

379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code.

With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the

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Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species.

This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program.

This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required.

Thank you for your cooperation with our permit program. The Corps’ Jacksonville

District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise.

Should you have any questions related to this NWP verification or have issues accessing the documents referenced in this letter, please contact Kelby Callahan, Project Manager, by telephone at (843) -901-1687, or by email at kelby.a.callahan@usace.army.mil.

Sincerely, Kelly Unger Chief, West Permits Branch

Enclosures https://regulatory.ops.usace.army.mil/customer-service-survey/

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Cc:

Mr. Douglas Mann Aptim Environmental and Infrastructure, LLC 6401 Congress Ave, Suite 140 Boca Raton, FL 33487 Douglas.Mann@aptim.com mailto:Douglas.Mann@aptim.com

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

DA PERMIT NUMBER: SAJ-2012-00024 (NWP-KAC)

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire.

To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to:

SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

mailto:SAJ-RD-Enforcement@usace.army.mil

COMMENCEMENT NOTIFICATION

Within ten (10) days of initiating the authorized work, submit this form to via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2012-00024 (NW-KAC)

2. Permittee Information:

Name: __________________________________________

Email: __________________________________________

Address: __________________________________________

Phone: __________________________________________

3. Construction Start Date: ______________________

4. Contact to Schedule Inspection:

Name: __________________________________________

Email: __________________________________________

Phone: __________________________________________

Signature of Permittee

Printed Name of Permittee

Date

ENG FORM 6285, OCT 2024 PREVIOUS EDITIONS ARE OBSOLETE.

U.S. Army Corps of Engineers (USACE)

CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT

For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and

Section 103 of the Marine Protection, Research, and Sanctuaries Act; the proponent agency is CECW-COR.

Form Approved -

OMB No. 0710-0003

Expires 2027-10-31

The Agency Disclosure Notice (ADN)

The Public reporting burden for this collection of information, 0710-0003, is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PURPOSE: This form is used by recipients of U.S. Army Corps of Engineer Regulatory permits to certify compliance with the permit terms and conditions.

Your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army

Corps of Engineers, ______________________ District, Regulatory Office.

The certification can be submitted by email at ____________________@usace.army.mil or by mail at the below address:

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army

Corps of Engineers, ______________________ District, Regulatory Office.

U.S. Army Corps of Engineers

District Office

Street…